• The acquisition of citizenship by the children of non-citizens. Does intl human rights law limit the sovereignty of States to decide which children ac

Lambert Academic Publishing
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(Melanie Teff is currently Senior Advocate at US-based NGO, Refugees International. She has previously worked for the Jesuit Refugee Service, for a network of NGOs promoting Dominico- Haitian rights in Dominican Republic, and for a domestic violence NGO in the Solomon Islands. She is British and specialised in child care law in the UK.)


Despite the recent emphasis in the UN system on determining and emphasising the rights of non- citizens, children born without effective citizenship rarely have the same life prospects as citizen children. This paper explores the implications for the children of non-citizens of the limitations that have developed in international law on States'' sovereignty in the area of citizenship. It concludes that, although States still retain the right to determine how their citizenship is transmitted, certain international human rights law treaties and recent jurisprudence limit States'' discretion in this area, prohibiting direct and indirect discrimination and prohibiting the creation of statelessness.

MATERIAS: Statelessness, Citizenship, International Human Rights, Children''s rights